COMMONWEALTH OF VIRGINIA

VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY

VIRGINIA ALCOHOLIC BEVERAGE CONTROL BOARD
RICHMOND
FINAL DECISION AND ORDER
REVOKING LICENSES

IN THE MATTER OF: KEGNEY BROTHERS, LLC

KEGNEY BROTHERS
1118 MAIN STREET
LYNCHBURG, VIRGINIA 24504-1714

MAILING ADDRESS: 728 OLD TRENTS FERRY ROAD

LYNCHBURG, VIRGINIA 24503-1108

LICENSE NOS. 086362 – WINE AND BEER ON AND OFF PREMISES/KEG PERMIT
086362 – MIXED BEVERAGE RESTAURANT

ABC INCIDENT NO.: 201805160001

This matter was considered on March 5, 2019, by the Virginia Alcoholic Beverage Control Board upon the initial decision of
Clara A. Williamson, Administrative Hearing Officer, an appeal hearing before the Board having been waived by the
licensee, on the charges that:

1. The licensee failed to timely submit to the Board the annual review report for the year ending February 28,
2017, in violation of 3 VAC 5-70-90 D. and Sections 4.1-114 and 4.1-225 1.b. of the Code of Virginia. (Mixed
Beverage Restaurant)

2. The licensee failed to timely submit to the Board the annual review report for the year ending February 28,
2018, in violation of 3 VAC 5-70-90 D. and Sections 4.1-114 and 4.1-225 1.b. of the Code of Virginia. (Mixed
Beverage Restaurant)

3. The licensee failed to submit to the Board a complete and accurate annual review report for the year ending
February 28, 2017, in violation of 3 VAC 5-70-90 D. and Sections 4.1-114 and 4.1-225 1.b. of the Code of
Virginia. (Mixed Beverage Restaurant)

4. The licensee cannot demonstrate financial responsibility sufficient to meet the requirements of the
business conducted under the license issued by the Board, in violation of Section 4.1-225 1.e. of the Code
of Virginia. (Mixed Beverage Restaurant)

5. Between February 2015 and October 2017, the licensee willfully deceived or attempted to deceive the Board,
Virginia Department of Taxation, and the City of Lynchburg by making or maintaining business records
required by statute or regulation which are false or fraudulent, in violation of Section 4.1-226 3.1 of the Code
of Virginia. (Mixed Beverage Restaurant)

6. Between March 1, 2016 and February 28, 2017, the licensee failed to keep complete, accurate and separate
records, in violation of 3 VAC 5-70-90 and 3 VAC 5-70-180 and Sections 4.1-204 and 4.1-225 1.b. of the Code
of Virginia. (Wine and Beer On and Off Premises/Keg Permit and Mixed Beverage Restaurant)

Upon review of the record, the Board is of the opinion that it has reasonable cause to believe the charges are substantiated
and the licenses should be revoked. The licensee did not file a timely appeal and the initial decision became the final
decision of the Board; therefore,

IT IS ORDERED that the licenses be, and are hereby revoked.

1
For incidents occurring prior to July 1, 2013 the violation reference code was to 4.1-225 1.b of the Code of Virginia.
KEGNEY BROTHERS PAGE 2

IT IS FURTHER ORDERED that an agent of the Board serve a true copy of this order at the above establishment and take
up the license in accordance with this decision.

IT IS FINALLY ORDERED that the initial decision be, and the same is hereby, adopted and incorporated herein by reference
as the final decision of the Board.

ENTER: VIRGINIA ALCOHOLIC BEVERAGE CONTROL BOARD

By Delegation: John W. Daniel, II, GAO

DATE: March 8, 2019

ATTEST:

Assistant Secretary

cc: LEGAL LIAISON KEGNEY BROTHERS, LLC

ENFORCEMENT DIVISION KEGNEY BROTHERS
ASST ATTORNEY GENERAL 728 OLD TRENTS FERRY ROAD
LOTTERY LYNCHBURG, VIRGINIA 24503-1108
PUBLIC AFFAIRS
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